Commission outlines practical steps to promote inclusive workplaces for trans and gender-diverse employees
Trans and gender diverse Australians continue to face challenges in employment amid persisting barriers that hold back culturally safe workplace environments, according to a new report from the Australian Human Rights Commission (AHRC).
The AHRC's new report revealed that discrimination against trans and gender diverse employees remains in various parts of the employment life cycle.
"Discrimination persists in recruitment, career progression, and workplace culture," read the report, which draws on 97 submissions as well as Australian and international research.
It found that trans and gender diverse people experience four times higher rate of unemployment compared to the general Australian population.
Around one in five of these people were working multiple jobs out of necessity (19%), working in a job below their skill level (21%), and wanted and were available to work more hours than they were currently working (18%).
Citing research from the International Labour Organisation, the report also underscored that many transgender people also get rejected at the job interview stage because of their appearance.
Experiences in the workplace
In the workplace, data from the TRANSform longitudinal study cited in the report found that 88% of trans and gender diverse people have agreed that they were treated fairly and respectfully by coworkers.
But the report also noted that some trans and gender diverse employees avoid mistreatment by hiding their gender identity, refraining from asking their employer to use their correct pronouns, or quitting their jobs.
The study also noted that six per cent of its participants have been physically threatened, harassed, or assaulted at work. Another seven per cent said they left their job because they did not feel safe.
A separate report from Australia's National Research Organisation for Women's Safety (ANROWS) also reported 80% of transgender employees had experienced workplace sexual harassment.
Another 30% of ANROWS' participants also said they received "intrusive comments about their anatomy."
Barriers in the workplace
A submission from the Family Access Network noted that workplace discrimination and harassment against trans and gender diverse employees stem from misinformation and disinformation.
"Experiencing anti-trans harassment, discrimination and misinformation in education and employment settings impacts trans and gender diverse people's ability to focus and perform well in these settings which can lead to education being discontinued or employment being terminated or resigned, which in turn impacts income and housing," it said as cited in the AHRC report.
According to the commission, these challenges also come in the wake of "inconsistent" implementation of trans and gender diverse-specific policies in the workplace.
"Many workplaces do not have trans and gender diverse awareness training, gender affirmation policies or information technology systems that appropriately record gender," it said.
"Inadequate representation of trans and gender diverse people often results in policies that do not reflect trans and gender diverse people's needs."
It added that another barrier to inclusive workplaces is background checks and clearance processes, which leave trans and gender diverse employees to navigate conversations on their deadnames and legal names on all cheques, clearances, certificates, and other documentation.
"This also extended to superannuation, where funds may have binary gender options like F/M or Ms/Mr," the report read.
"This forces the employer or manager to have a conversation with the staff member to 'choose an option which we are all aware will not affirm them.'"
Promoting inclusive workplaces
Employers in Australia are obliged under the positive duty to prevent discrimination as far as practicable and build systems to respond when discrimination does occur.
According to the AHRC, some practical steps to ensure culturally safe work environments include:
- Respecting trans and gender diverse people's genders, names and pronouns in person and on systems
- Hiring trans and gender diverse people in ongoing roles
- Regularly sharing pronoun preferences
- Having inclusive bathrooms in addition to gender‑specific ones
- Having inclusive uniform policies
- Having gender affirmation plans and leave
- Providing trans and gender diverse awareness training
- Undertaking trans and gender diverse inclusive data collection
